Change to HMO Licence criteria: what you need to know as a landlord

Year Published: 2018

From 1st October 2018 the HMO Licence criteria will change. This will affect many landlords as they need to be aware of when a HMO (House in Multiple Occupation) Licence is mandatory and the housing standard conditions within the licence.

At present, a HMO Licence is required where:

  • At least five tenants forming more than one household live in the property; and
  • There are shared toilet, bathroom or kitchen facilities; and
  • The property is at least 3 storeys high.

How is the HMO Licence criteria changing?

Tom Coulson, Property Paralegal at SAS Daniels Macclesfield

Tom Coulson, Property Paralegal

From 1st October 2018, the requirement for the property to be at least 3 stories high disappears and a HMO Licence will be required where:

  • At least 5 tenants forming more than one household live in the property; and
  • There are shared toilet, bathroom or kitchen facilities.

This includes flats in converted premises or non-purpose built buildings such as flats above commercial premises.

There are also other changes which will be implemented from 1st October 2018. These affect housing standards and will be:

  • A minimum room size for sleeping accommodation:
    • 51 square metres for one person over the age of 10;
    • 22 square metres for two people over the age of 10;
    • 64 square metres for one child under the age of 10.
  • A requirement to follow local authority refuse disposal scheme.

How will these changes affect landlords?

It is estimated that as a result of this change an additional 177,000 properties will qualify for mandatory HMO licensing.

If you rent out property which is affected, you need to contact your local authority as soon as possible to apply for a HMO Licence and avoid being caught out. Failure to do so is a criminal offence.

For advice on any Commercial Property matters, please contact Tom Coulson in our property team on 01625 442166.


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